Schnader Harrison Segal & Lewis LLP

Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause

Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state…more

Arbitration, Mandatory Arbitration Clauses

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Eighth Circuit Applies Compulsory Insurance Doctrine to Save Northwest: What Will Save You?

The Eighth Circuit Court of Appeals recently handed down a decision in Northwest Airlines, Inc. v. Professional Aircraft Line Serv. that, although unique in its specific facts and holding, highlights the problems that may arise…more

Airlines, Appeals, Aviation Industry, Commercial Insurance Policies, Compulsory Insurance Doctrine

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New Amendments to Federal Rule of Appellate Procedure 6: Appeal in a Bankruptcy

On December 1, 2014, amendments to various federal rules of practice and procedure took effect. The only amendment to the Federal Rules of Appellate Procedure made three substantive changes to Rule 6, which deals with…more

Appeals, Bankruptcy Code, Federal Rules of Appellate Procedure, Legal Filings, New Amendments

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Recent Superior Court Decision Underscores Difficulty and Need for Caution When Determining Appealability of Orphans' Court Orders

For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure…more

Appeals, Federal Rules of Appellate Procedure, Orphan's Courts

See All Updates »

The "Separate Entity Rule" Remains Alive and Well in New York State

On October 23, 2014, in Motorola Credit Corp. v. Standard Chartered Bank, No. 162, 2014 N.Y. LEXIS 2946 (2014), the New York State Court of Appeals, New York’s highest court, answered in the affirmative the following question…more

Appeals, Asset Freeze, Banks, Foreign Subsidiaries, Judgment Creditors

See All Updates »

Supreme Court Provides Guidance on the Subject Matter Eligibility of Computer-Implemented Inventions

On June 19, 2014, the Supreme Court invalidated claims directed to methods and computer systems for using an intermediary to reduce the settlement risk in certain financial transactions. The claims were invalidated on the ground…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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White House Issues Proposal for FTC-Regulated Data Privacy Protection

On February 27, 2015, the White House proposed legislation to protect consumers’ personal data and information that is collected and used by private companies and nonprofits. Federal and state governments and their agencies are…more

Consumer Privacy Bill of Rights, Cybersecurity, Discussion Draft, FTC, Obama Administration

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Supreme Court Provides Guidance on the Subject Matter Eligibility of Computer-Implemented Inventions

On June 19, 2014, the Supreme Court invalidated claims directed to methods and computer systems for using an intermediary to reduce the settlement risk in certain financial transactions. The claims were invalidated on the ground…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

See All Updates »

Ninth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent to Allow Bankruptcy Court to Re-Characterize Debt as Equity

Bankruptcy trustees and lenders to a potentially insolvent debtor — particularly any lender who has or intends to acquire an equity stake in the borrower — should take note of a recent decision by the U.S. Ninth Circuit Court of…more

Debt, Re-Characterization

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Supreme Court Holds That CERCLA Preemption Is Inapplicable to Statutes of Repose

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), preempts statutes of limitations applicable to state-law tort actions for personal injury or property damage in certain circumstances…more

CERCLA, Contaminated Properties, CTS v Waldburger, Environmental Liability, Environmental Policies

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Pennsylvania Bureau Changes Due Dates for Renewing Charitable Solicitation Registrations

On October 14, 2014, Governor Corbett signed H.B. No. 359 into law, changing the due dates for certain fundraising registrations required under Pennsylvania law. These changes take effect 60 days after the signing. Most…more

Charitable Donations, Charitable Organizations, Fundraisers

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Is Your Landfill or Other Wasting Asset Fairly Assessed?

Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the end…more

Appraisal, Asset Valuations, Business Assets, Commercial Real Estate Market, Environmental Liability

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Department of Labor Seeks to Put New FLSA Regulations for Homecare Workers Back on Track

Last week marked a new battle in the war the U.S. Department of Labor (DOL) has waged against the homecare industry. Appealing two federal court rulings that invalidated new regulations extending minimum wage, overtime and…more

Companionship Exemptions, DOL, FLSA, Home Health Agencies, Home Health Care

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NJ Supreme Court Backs Employer Defense in Supervisor Harassment Suits

The New Jersey Supreme Court recently ruled that an employer may assert an effective and enforced anti-harassment policy as an affirmative defense in cases brought against the employer alleging that a supervisor engaged in…more

Affirmative Defenses, Anti-Harassment Policies, Discrimination, Harassment, Sexual Harassment

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Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

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Eighth Circuit Opens Circuit Split on the Scope of the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (ECOA) makes it unlawful for any creditor “to discriminate against any applicant, with respect to any aspect of a credit transaction . . . on the basis of . . . marital status.” The statute was…more

Creditors, Discrimination, ECOA, Guarantors, Marital Status

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Third Circuit Enforces Strict Deadline to Petition for Permission to Appeal Class Certification Ruling

Rule 23(f) of the Federal Rules of Civil Procedure allows a party to petition for permission to appeal a class certification decision within 14 days after entry of an order denying or granting class certification. In Eastman v…more

Class Certification, Federal Rules of Civil Procedure, Filing Deadlines

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New York's Highest Court Does Not Recognize Claims for Medical Monitoring – For Now: Using "Phobia" Claims as a Backdoor to "Medical Monitoring?"

In Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (December 17, 2013), the New York Court of Appeals, in a 4-21 decision with sharp and barbed contrasts between majority and dissent, ruled…more

Healthcare, Medical Monitoring

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Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability cases…more

Breach of Contract, Economic Loss Doctrine, Loss Coverage, Professional Service Exclusion, Settlement

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Doing Good While Doing Well — Delaware Is the 19th State to Adopt Public Benefit Corporation Law

A new Delaware law authorizing the creation of public benefit corporations (“PBCs”) in Delaware becomes effective on August 1, 2013. PBCs are a new type of socially conscious for profit corporation intended to operate in a…more

Business Formation, Corporate Social Responsibility, Public Benefit Corporation

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Reprieve Granted to Philadelphia Tax-Exempt Property Owners

In response to an overwhelming outcry from the Philadelphia nonprofit community, the Philadelphia Office of Property Assessment (OPA) has extended to June 1, 2015 the filing deadline for nonprofits to certify that they continue…more

Non-Profits, Property Tax, Recertification, Tax Exemptions

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The U.S. Supreme Court Unanimously Rules Against the Creditor in Jesinoski

We predicted here that at least five U.S. Supreme Court Justices would reject the creditor’s argument in Jesinoski v. Countrywide Home Loans, Inc. that a borrower must file a lawsuit within three years of the consummation of the…more

Bank of America, Countrywide, Mortgage Lenders, Mortgages, Rescission

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Superior Court Affirms Dismissal of Paxil Birth Defect Case Lacking Proximate Causation

In its March 4, 2013 non-precedential decision in Pettit v. GlaxoSmithKline, LLC, No. 850 EDA 2012, the Pennsylvania Superior Court (applying Ohio law) affirmed an order of Philadelphia Court of Common Pleas Judge Sandra Mazer…more

Birth Defects, Paxil, Pharmaceutical, Prescription Drugs

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Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission Rights Under TILA

In a recent decision, the Third Circuit took sides in a split between U.S. Circuit Courts of Appeal over what action borrowers must take to exercise their right to rescind a loan under the Truth in Lending Act (TILA). It ruled…more

Disclosure Requirements, Lenders, Mortgages, Notice Requirements, Rescission

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Opening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of Copyrighted Materials

On June 10, 2014, the United States Court of Appeals for the Second Circuit issued its decision in Authors Guild, Inc. v. HathiTrust, No. 12-4547, 2014 U.S. App. Lexis 10803 (2d Cir. Jun. 10, 2014), a case in which a group of…more

Books, Copyright, Fair Use

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The "Separate Entity Rule" Remains Alive and Well in New York State

On October 23, 2014, in Motorola Credit Corp. v. Standard Chartered Bank, No. 162, 2014 N.Y. LEXIS 2946 (2014), the New York State Court of Appeals, New York’s highest court, answered in the affirmative the following question…more

Appeals, Asset Freeze, Banks, Foreign Subsidiaries, Judgment Creditors

See All Updates »

Supreme Court Reaffirms That an Appellee Who Does Not Seek To Enlarge Its Favorable Judgment Need Not File a Cross-Appeal To Attack a Lower Court Ruling

One of a litigator’s most crucial tasks is ensuring that issues and arguments in support of a client’s position are available if and when the case is presented to an appellate tribunal. While issue preservation is always a…more

Cross-Appeals, Doctrine of Waiver, Federal Sentencing Guidelines, Habeas Corpus, Jennings v. Stephens

See All Updates »

Nonprofit Law Revitalization Comes to New York

On December 18, 2013, New York Governor Andrew Cuomo signed into law the Nonprofit Revitalization Act of 2013 which modernizes the New York nonprofit corporation law. The Act overwhelmingly passed both houses of the New York…more

Andrew Cuomo, Audits, Board of Directors, Conflicts of Interest, Corporate Governance

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Delaware Adopts the 2010 Article 9 Amendments

Requirements for financing statements to be filed in Delaware will change on July 1, 2013 with the adoption of the 2010 Amendments to Article 9 of the UCC. On May 3, 2013, with the signing of HB8 by Governor Jack…more

Creditors, Debtors, Default, New Legislation, Safe Harbors

See All Updates »

No Right to Jury Trial Under Pennsylvania’s Whistleblower Statute

On August 19, 2014, the Pennsylvania Superior Court held that individuals bringing suit under the Pennsylvania Whistleblower Law have no right to a jury trial. Writing for the court, Judge Judith Olson explains that “the plain…more

Employee Rights, Jury Trial, Whistleblower Protection Policies, Whistleblowers

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Gingko, Roses, or Just Filler? The New York Attorney General's Attack on Supplements

We all know that a rose by any other name would smell as sweet. But what if the roses you give to your sweetheart are actually painted daisies or thorns without flowers? Or worse, if they do not contain flowers at all but…more

Advertising, Dietary Supplements, False Advertising, FDA, GNC

See All Updates »

US Department of Education Levies More Fines for Clery Act Violations

President Obama recently called attention to the issue of sexual violence on college campuses, stating that “more needs to be done to ensure safe, secure environments for students” and that “we must strengthen and address…more

Clery Act, Colleges, Department of Education, DOJ, Rape

See All Updates »

Doing Good While Doing Well — Delaware Is the 19th State to Adopt Public Benefit Corporation Law

A new Delaware law authorizing the creation of public benefit corporations (“PBCs”) in Delaware becomes effective on August 1, 2013. PBCs are a new type of socially conscious for profit corporation intended to operate in a…more

Business Formation, Corporate Social Responsibility, Public Benefit Corporation

See All Updates »

Action Needed by March 31, 2014 to Avoid Proposed Changes to New York Estate Taxes and Trust Income Taxes

If Governor Cuomo’s proposals are enacted, New Yorkers and non-residents with property located in New York may be facing new taxes this April Fools’ Day. - New York Estate Tax First, the good news — under the proposal:…more

Estate Planning, Estate Tax, Income Taxes, Trust Income, Trusts

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California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes

California, like most jurisdictions, prohibits parties to integrated contracts from introducing “parol evidence” — this is, evidence of prior written or verbal agreements made by a party to a contract — if those alleged…more

Bank of America, Bank of America v Pendergrass, Borrowers, Commercial Loans, Foreclosure

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The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?

When a plaintiff seeks certification of a class, the issue of whether the class is “ascertainable” has become an increasingly significant battleground issue in class certification proceedings. While not explicitly set out in…more

Class Action, Class Certification, Consumer Fraud, Rule 23

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Supreme Court Reaffirms That an Appellee Who Does Not Seek To Enlarge Its Favorable Judgment Need Not File a Cross-Appeal To Attack a Lower Court Ruling

One of a litigator’s most crucial tasks is ensuring that issues and arguments in support of a client’s position are available if and when the case is presented to an appellate tribunal. While issue preservation is always a…more

Cross-Appeals, Doctrine of Waiver, Federal Sentencing Guidelines, Habeas Corpus, Jennings v. Stephens

See All Updates »

Aftermarket Competitors Given a Boost by the Supreme Court

The Supreme Court of the United States recently decided that a supplier of replacement parts to printer remanufacturers can rely on U.S. Trademark Law to maintain a suit for unfair competition. In what began as a copyright…more

Copyright, Copyright Infringement, Lanham Act, Lexmark v Static Control Components, Manufacturers

See All Updates »

Third Circuit Enforces Strict Deadline to Petition for Permission to Appeal Class Certification Ruling

Rule 23(f) of the Federal Rules of Civil Procedure allows a party to petition for permission to appeal a class certification decision within 14 days after entry of an order denying or granting class certification. In Eastman v…more

Class Certification, Federal Rules of Civil Procedure, Filing Deadlines

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Recent New York Decision Reaffirms Limits to Surety's Liability on a Delay Claim Made Under a Payment Bond

Advanced Automatic Sprinkler Co., Inc. v. Seaboard Surety Co., Inc., No. 650321/2001, N.Y.L.J. 1202678994141, at (Sup. Ct. New York County Dec. 3, 2014), the Court (Hon. Marcy Friedman) granted the defendant surety’s motion for…more

Construction Contracts, General Contractors, No-Damages-For-Delay Provisions, Payment Bonds, Public Projects

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The American Taxpayer Relief Act of 2012 and What It Means to You

On Jan. 2, 2013, President Obama signed the “American Taxpayer Relief Act of 2012” (the “Act”) which was passed by the House and Senate the previous day to avoid the so-called “fiscal cliff.” The Act prevents many of the tax…more

Alternative Minimum Tax, American Taxpayer Relief Act, Business Taxes, Capital Gains, Dividends

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Ninth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent to Allow Bankruptcy Court to Re-Characterize Debt as Equity

Bankruptcy trustees and lenders to a potentially insolvent debtor — particularly any lender who has or intends to acquire an equity stake in the borrower — should take note of a recent decision by the U.S. Ninth Circuit Court of…more

Debt, Re-Characterization

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Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear error…more

Clear Error Standard, De Novo Standard of Review, Patent Infringement, Patent Litigation, Patents

See All Updates »

The "Separate Entity Rule" Remains Alive and Well in New York State

On October 23, 2014, in Motorola Credit Corp. v. Standard Chartered Bank, No. 162, 2014 N.Y. LEXIS 2946 (2014), the New York State Court of Appeals, New York’s highest court, answered in the affirmative the following question…more

Appeals, Asset Freeze, Banks, Foreign Subsidiaries, Judgment Creditors

See All Updates »

US Department of Education Levies More Fines for Clery Act Violations

President Obama recently called attention to the issue of sexual violence on college campuses, stating that “more needs to be done to ensure safe, secure environments for students” and that “we must strengthen and address…more

Clery Act, Colleges, Department of Education, DOJ, Rape

See All Updates »

American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski

The intersection of class actions and arbitration continues to raise issues for parties to consider in evaluating whether arbitration clauses do or do not permit class actions in arbitration. One such issue involves who gets to…more

American Arbitration Association, Appeals, Arbitration, Arbitration Agreements, Arbitrators

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Data Breach - Your Organization Needs a Plan

The Privacy Rights Clearinghouse’s Chronology of Data Breaches lists 3,671 incidents affecting 607,295,463 records since 2005,1 including these three: - A worker steals customer records containing credit card, bank…more

Breach Notification Rule, Data Breach, Data Protection, Security and Privacy Controls, Training

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Affirmative Business Litigation in the United States and in Other Countries

For a long time, businesses have thought of litigation as a burden, requiring many hours of employee time responding to discovery requests, as well as often incurring significant legal fees and other related costs. Consequently,…more

Multidistrict Litigation

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Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

See All Updates »

Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

See All Updates »

Supreme Court Holds That CERCLA Preemption Is Inapplicable to Statutes of Repose

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), preempts statutes of limitations applicable to state-law tort actions for personal injury or property damage in certain circumstances…more

CERCLA, Contaminated Properties, CTS v Waldburger, Environmental Liability, Environmental Policies

See All Updates »

Eighth Circuit Applies Compulsory Insurance Doctrine to Save Northwest: What Will Save You?

The Eighth Circuit Court of Appeals recently handed down a decision in Northwest Airlines, Inc. v. Professional Aircraft Line Serv. that, although unique in its specific facts and holding, highlights the problems that may arise…more

Airlines, Appeals, Aviation Industry, Commercial Insurance Policies, Compulsory Insurance Doctrine

See All Updates »

Potential Tax Changes Ahead for Pennsylvania Nonprofits

Pennsylvania charities that rely on exemptions from real property tax and sales and use tax may have good reason to be concerned. A recently released special report prepared by the Pennsylvania Auditor General quantifying…more

Constitutional Amendment, Exemptions, Non-Profits, Property Tax, Public Charities

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Pennsylvania Supreme Court Formally Adopts “Gist of the Action” Doctrine

Pennsylvania’s “gist of the action” doctrine prohibits plaintiffs from pursuing tort claims for what are, in actuality, breach of contract claims. A variety of defendants, including those in the financial services industry,…more

Breach of Contract, Contract Disputes, Gist of the Action, Homeowner's Insurance, Insurance Litigation

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Supreme Court Clarifies Application of Final Judgment Rule in MDL Proceedings, But Uncertainty Remains

On January 21, 2015, the Supreme Court issued its much-anticipated decision in Gelboim v. Bank of America Group. The case presented a single question: Is a district court order dismissing all claims in an action that was…more

Antitrust Litigation, Appeals, Banks, Dismissals, Final Judgment

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NJ Banks May Not Face Common Law Tort Claims for Improper Electronic Funds Transfers

The New Jersey Supreme Court in a matter of first impression held that a non-customer of a bank cannot bring a common law negligence claim against that bank for an improper money transfer via the Internet. In ADS Associates…more

Banks, Breach of Duty, EFTA, Money Transfer, UCC

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Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania with Cook County, Illinois (Just Yet)

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County, Illinois,…more

Airlines, Forum, Forum Non Conveniens

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Texas Plaintiff Takes Another Swing at the "Baseball Rule"

For many, excitement at the ballpark includes the possibility, however remote, of a batted ball heading into the awaiting throngs in the stands. Because this is considered an ordinary part of the game that fans expect, if not…more

Bodily Injury, Liability, Sports, The Baseball Rule

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Recent Superior Court Decision Underscores Difficulty and Need for Caution When Determining Appealability of Orphans' Court Orders

For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure…more

Appeals, Federal Rules of Appellate Procedure, Orphan's Courts

See All Updates »

PA Supreme Court Declines to Extend Multiple Trigger Theory to Property Damage Claims

Where an insured loss causes damages that straddle multiple policy periods, insurers and insureds must determine which policies are implicated. Clear rules regarding “trigger” of coverage benefit policyholders seeking to invoke…more

Commercial General Liability Policies, Contaminated Properties, Insurance Litigation, Insurers, Loss Causation

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"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court Rejection of ATSA Immunity

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress…more

Air Wisconsin v. Hoeper, Airlines, ATSA, Defamation, First Amendment

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Reprieve Granted to Philadelphia Tax-Exempt Property Owners

In response to an overwhelming outcry from the Philadelphia nonprofit community, the Philadelphia Office of Property Assessment (OPA) has extended to June 1, 2015 the filing deadline for nonprofits to certify that they continue…more

Non-Profits, Property Tax, Recertification, Tax Exemptions

See All Updates »

Gingko, Roses, or Just Filler? The New York Attorney General's Attack on Supplements

We all know that a rose by any other name would smell as sweet. But what if the roses you give to your sweetheart are actually painted daisies or thorns without flowers? Or worse, if they do not contain flowers at all but…more

Advertising, Dietary Supplements, False Advertising, FDA, GNC

See All Updates »

FFIEC Proposes Guidance for Use of Social Media by Banks

The primary bank regulatory agencies, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the…more

Banks, FFIEC, Marketing, Social Media

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Supreme Court Holds That Solicitation of Clients is Not a Permitted Use Under the Driver's Privacy Protection Act

On June 19, 2013, in Maracich v. Spears, No. 12-25, the Supreme Court of the United States issued an opinion interpreting the Driver’s Privacy Protection Act (the DPPA), which prohibits the use of personal information from motor…more

DPPA, Driving Records, General Solicitation, Maracich v. Spears, Motor Vehicles

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Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear error…more

Clear Error Standard, De Novo Standard of Review, Patent Infringement, Patent Litigation, Patents

See All Updates »

PA Supreme Court to Address Confusion Concerning the Statute of Limitations Governing Guaranties

On November 21, 2011, the Pennsylvania Superior Court filed an opinion in Osprey Portfolio, LLC v. Izett, 2011 Pa. Super. 248, holding that a suit to enforce a guaranty is subject to the 20 year statute of limitations applicable…more

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Employer Error in Advising Employee of Eligibility for FMLA Leave Can Have Enduring Consequences

The Family and Medical Leave Act does not require all employers to grant leave to all employees. One condition for eligibility requires an employee to work at, or within 75 miles of, a site at which the employer employs at least…more

Employer Liability Issues, FMLA

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PA Supreme Court Declines to Extend Multiple Trigger Theory to Property Damage Claims

Where an insured loss causes damages that straddle multiple policy periods, insurers and insureds must determine which policies are implicated. Clear rules regarding “trigger” of coverage benefit policyholders seeking to invoke…more

Commercial General Liability Policies, Contaminated Properties, Insurance Litigation, Insurers, Loss Causation

See All Updates »

NJ Appellate Courts Permit Employers to Shorten Statute of Limitations Period Through Employment Applications

A New Jersey Appellate Court recently held that a provision in an employment application shortening the statute of limitation from two years to six months was enforceable under New Jersey law. As a result, the employee’s…more

Appeals, Discrimination, EEOC, Employer Liability Issues, Employment Application

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Gingko, Roses, or Just Filler? The New York Attorney General's Attack on Supplements

We all know that a rose by any other name would smell as sweet. But what if the roses you give to your sweetheart are actually painted daisies or thorns without flowers? Or worse, if they do not contain flowers at all but…more

Advertising, Dietary Supplements, False Advertising, FDA, GNC

See All Updates »

Lift of Prohibition on Same-Sex Marriages in Pennsylvania Provides New Estate Planning Opportunities

On May 20, 2014, in the case of Whitewood v. Wolf, Judge John E. Jones III of the U.S. District Court for the Middle District of Pennsylvania struck down Pennsylvania’s ban on same-sex marriages. Like many of the rulings…more

Estate Planning, Estate Tax, Marriage, Same-Sex Marriage

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Drone Propellers Aren't the Only Things Buzzing as the FAA Releases Proposed Regulations for the Commercial Operation of Unmanned Aerial Systems

In a surprise move during Presidents’ Day weekend, the Federal Aviation Administration released long-awaited proposed regulations for the commercial operation of Unmanned Aerial Systems (UAS). The draft regulations prompted a…more

Commercial Use, Drones, FAA, Licensing Rules, NPRM

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Third Circuit Rejects New Jersey's Effort to Sanction Sports Wagering

Tony Soprano’s business is safe, for now — the Third Circuit recently invalidated New Jersey’s attempt to legalize sports wagering because it violated a federal law that prohibits most states from licensing such activities. In…more

Gambling, PASPA, Sports, Sports Betting

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Clarifying Media Reports Regarding Maryland Law and Causation in Asbestos Exposure Cases

It has been recently reported in Law360 that the Court of Appeals of Maryland, in Dixon v. Ford Motor Co., No. 82, 2013 Md. LEXIS 465 (Md. July 25, 2013), broke with established precedent and endorsed the “any exposure” theory…more

Asbestos, Asbestos Litigation, Causation, Media, Toxic Exposure

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Safeguarding Your Information Assets: Are You Prepared?

In view of the well-publicized data breaches in 2014 and the current renewed federal legislative focus on privacy and data security issues, we are highlighting some action items to safeguard your company’s information assets,…more

Best Practices, Cybersecurity, Data Breach, Data Protection

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Contact

1600 Market Street Suite 3600
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Areas of Practice
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